A report by the American Immigration Lawyers Association (AILA) reveals concerns over arbitrary visa revocations, with Indian students facing the brunt of the crackdown, fueling fears and uncertainty.
The US State Department and Immigration & Customs Enforcement (ICE) are intensifying their scrutiny of international students, with actions such as visa revocations, termination of legal status, and removal.
Given that Indian students make up the largest group of international students in the US, it’s not surprising that a significant number of those affected are from India.
According to the American Immigration Lawyers Association (AILA), it has received 327 reports of visa revocations and SEVIS terminations from various sources, including lawyers, students, and university employees.
Of those, 50% involved Indian students, followed by 14% from China.
Other notable countries represented in this data include South Korea, Nepal, and Bangladesh. AILA’s policy brief describes these incidents as "concerning" due to the "arbitrary nature" of the revocations and terminations.
The Open Doors Report for the 2023-24 academic year reveals that India sent over 330,000 students to pursue higher education in the US, marking a 23% increase from the previous year. China, the second-largest contributor, sent nearly 280,000 students but saw a slight decline of 4% compared to the previous year.
Despite this, anecdotal evidence suggests that the number of Indian students aspiring to study in the US is sharply decreasing.
As the crackdown on international students continues, several hundred students have filed lawsuits in US district courts challenging the arbitrary termination of their legal status.
Some courts have even issued "temporary restraining orders," allowing students to continue their studies.
Congress MP Jairam Ramesh raised his concern on X, referencing AILA’s policy brief. "A press statement issued yesterday by the American Immigration Lawyers Association is cause for concern to us in India," he wrote.
"Out of the 327 visa revocation cases of international students collected by the organization so far, 50% are Indians. The reasons for revocation are random and unclear. There is growing fear and apprehension. Will the external affairs minister take note and raise the concern with his US counterpart?" he wrote, tagging Indian Foreign Minister S Jaishankar.
The Ministry of External Affairs (MEA) responded to the issue, with spokesperson Randhir Jaiswal confirming that the government is looking into the matter.
"We are aware that several Indian students have received communication from the American government regarding their F-1 visa status," Jaiswal said during a weekly press briefing.
"Our embassy and consulates are in touch with the students to provide support,” he added.
International students in the US are permitted to gain work experience through the Optional Practical Training (OPT) program after completing their studies.
This program allows for a one-year extension, which can be increased by an additional two years for students in science, technology, engineering, and mathematics (STEM) fields.
According to the Open Doors Report, more than 97,000 Indian students were participating in OPT, compared to around 61,000 Chinese students.
AILA’s policy brief highlights that 50% of the impacted students were on OPT.
"These individuals are unable to work immediately upon the termination of their SEVIS record. The road to reinstating status for those who have already graduated and are employed on OPT is much more difficult and murkier than for those who are currently students," it said.
The actions taken against international students appear arbitrary, according to the AILA report.
In some cases, students had their SEVIS records terminated or visas revoked due to criminal records, even though they had no history of police interactions that would justify such actions.
For example, students were penalized for minor infractions, like not wearing a seatbelt or receiving parking tickets, which most US citizens would consider everyday occurrences.
These infractions did not warrant visa revocation or SEVIS termination, AILA highlighted.
Another issue raised in the policy brief is the inconsistency in how SEVIS termination notices were issued.
In some instances, students were not informed of their SEVIS termination for days or even weeks after the fact.
This delay posed a risk, as students might continue to work without knowing their status had been revoked, potentially affecting their immigration standing.
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